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I have 2 workers compensation cases I was getting paid biweekly on both cases. The case manager on one left the insurance

Bronx, NY |

Company and I have a new one. She checked and said I wasn't supposed to be getting paid on both. Which I didn't know since it's 2 different cases. They stopped my payments until she figures out the overpayment and what is gonna happen she told me. My question is what will they do will they stop both of my payments until they get back the over payment or will they start paying me again for the newer case, and stop the old case payments since they made the mistake? I have a hearing on the 21st of this month so I'm wondering what will happen with my payments. Haven't received a check since 3-19-14 thx

Attorney Answers 5

  1. You should call a local Workers Compensation attorney ASAP so you have representation at the hearing.

  2. I recommend posting this under the workers' compensation heading, you may receive more answers.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.

  3. All we can do on here is give you general information. We don't have enough information to properly advise you. You should contact an experienced NY Work Comp attorney who can assist you and properly advise you.

    The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

  4. Dear Madam or Sir in the Bronx:

    I apologize for the out of state attorneys who didn't really give you any advice. Perhaps, they are thinking of themselves.

    You are not supposed to receive more than the maximum rate per week from the two claims. It is not surprising that the Carrier stopped payments and wants the Judge to straighten out what you are supposed to get from each claim.

    If the Judge finds there is an overpayment, but that you are entitled to continuing payments, he will direct how much per week can be dedcuted from your payments to extinguish the overpayment.

    When he gets to this part of the Hearing, you should speak up and point out what sort of hardship you would have if the payments were seriously reduced. You can suggest the Carrier itself created the overpayment by paying in both cases, but wait until he is figuring out how much to deduct.

    It may be that you are entitled to a higher rate, which would extinguish the overpayment faster.

    You didn't say what sort of injuries you have. You cannot get more than 2/3 of what you used to earn per week. If you are able to return to work, you should.

    Good Luck

    Leoanard Feld

    The foregoing is based on the little information provided; additional facts may change the comments given.

  5. Mr. Feld is correct between all you cases you may not be paid more than your maximum rate. So the first thing to determine is whether or not the carries have correctly calculated your Average Weekly Wage. The determine what you should be paid It is not uncommon to be paid less than the maximum rate in more than one case. When you have more than one injury you become more complicated and there may be a one strategy that sis better than another. To determine your best course of action it is important that you understand that sometimes injuries to extremities, such as an arm, are handled differently than an injury to your back or neck ,especially at the time of permanency. I recommend that you discuss your overall situation with an attorney who will take the time to consider and explain to you the likely outcomes

    Please remember the answer to this question is in general and without knowledge to the specific facts of your case. You should not rely on this answer when making important life decisions and seek a legal opinion based on your particular facts and circumstances.

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